Abstract The essay examines the advantages and disadvantages of Section 718.2 (e) of the CriminalCode of Canada. Some critics view it as an adequate option for sentencing criminals whereas others believe it directs the Western legal system away from adequate reform. The paper concludes that the code reflects the liberal character of the Canadian justice system.
From the Paper "The arguments for Section 718.2 (e) most closely resemble Canadian legislative ideals. The point that Section 718.2 (e) only offers judges the option of employing sanctions other than confinement upon sentencing is demonstrative of the liberality of choice that is part of the Canadian justice system. The argument that Section 718.2 (e) is part of a general effort to represent enlightenment and a real effort to address the problem of Aboriginal overrepresentation in correctional institutes is one which is also particularly relevant to Canadian legal thinking."
Tags: Canadian justice system, criminalcode, Canadian minorities
This paper compares Texas and Washington criminal laws on controlled substances, driving under influence and possession of firearms by felons and aliens.
Abstract This paper compares the criminalcodes of the states of Texas and Washington with regard to certain subjects. The first part discusses the laws relating to controlled substances. The second part looks at some criminal aspects of intoxication, particularly with regard to driving under the influence. The third part examines the laws concerning the possession of firearms by felons and aliens.
From the Paper "Texas has divided controlled substances into four Penalty Groups (Health and Safety, 481.102 - 481.105) The substances in Penalty Group 1 carry the heaviest penalties; those in Groups 3 and 4 carry the lightest penalties. The penalties themselves vary with the amount of the controlled substance found in the defendant's possession and the intent of the defendant (to manufacture and/or deliver or simply to possess). For example, an offense involving the manufacture or delivery of less than one gram of a Penalty Group 1 substance is a state jail felony; if the offense involves the manufacture or delivery of more than 400 grams, the offense is punishable by 15 years to life in prison ( 481.112)."
Abstract This paper examines the history of socialist law in Russia, China, Cuba, Vietnam, and North Korea. The key characteristics of socialist law as well as the advantages and disadvantages of the system are explained using the system in place in North Korea. North Korea's criminalcode and criminal procedures are identified. When contrasted with those in a democracy, the differences are startling. North Korea's code and procedures were influenced by Chinese dynasties, Confucianism, the Soviet Model, and German civil law.
Table of Contents:
Socialist Law
A History of Socialism and the Countries That Use It
Key Characteristics and the Advantages and Disadvantages of Socialist Law
CriminalCode and Procedure of North Korea
Kim II Sung, Premier of the Democratic People's Republic of Korea and Chairman of the Workers' Party of Korea
Conclusion
From the Paper "Under a centralized government, North Korea is and has always been under the rigid control of a one man dictatorship. Kim II-Sung was the leader of the Korean Communist Party which later merged with another communist group to form the Korean Worker's Party (KWP). In 1948, Democratic People's Republic of Korea was formally established under the control of the Korean Worker's Party. The North Korean Constitution was approved that same year to highly centralize a governmental system and relationship between the people and the state."
Abstract This paper looks at the different written codes of conduct, established at the state and local level, which guide the professional conduct of individuals working in the U.S. legal system. The paper summarizes the written codes of conduct that govern the professional behavior of judges, lawyers, and policeman, and then looks at how effective these codes are at enforcing ethical behavior.
From the Paper "Professions connected with our legal system all have written codes of conduct to follow. While most codes of conduct are established at the state level, there are some exceptions. State police will have state-established codes of conduct, but individual jurisdictions have their own police forces with their own codes of conduct. Federal judges have a code of conduct governing them, but most lawyers follow codes of conduct established by the states in which they practice."
This paper discusses whether any provocation can ever be enough to justify reducing the criminal consequences for the intentional killing of another human being.
Abstract This paper explains that sentiments towards violence are changing in society, which has led to a modification in the attitude and legal approach to crimes. The author points out that violence as a cure for evil is the attitude popularized by the mass media, and criminal statistics show that this has been wholeheartedly accepted by society. The paper relates that present law accedes that some circumstances may extenuate murder, which are described in the CriminalCode as defense of provocation.
From the Paper "In social and legal matters, violence today is disdained. The fact that this law excuses violence in response to non-violent as well as violent acts is considered the fundamental shortcoming in the law of provocation. Studies have shown that men usually kill women in response to verbal taunting, infidelity or other sexual behavior while women are usually jailed for killing men as a response to physical violence. (Provocation, Self-Defense and Defense of Property 2003) Whereas one response panders to the male dominant stereotype, the other is obviously a survival instinct. "Loss of control" is being influenced and evaluated by ethnic and cultural values, not a standard moral code. The average prison sentence of men who kill their women partners is 2 to 6 years. Women who kill their partners are sentenced on average to 15 years, despite the fact that most women who kill do so in an abusive relationship and for self-defense."
Abstract This paper shows how both the United States and Singapore derived their criminal justice system from the British system, though the U.S. system has diverged considerably while the system in Singapore remains deeply rooted in the British forms. The writer explains however that today, the immediate source for the criminal justice system in each country differs in that American law is constitutional, while criminal law in Singapore is entirely statutory and based on an adopted CriminalCode. It looks at how common law is a feature of both systems, standing as the accepted customs of many legal systems.
From the Paper "American citizens derive their rights from the Constitution and particularly from the Bill of Rights. These ten articles were influenced largely by George Mason, Thomas Jefferson, and James Madison, with much of the final language based on Mason's "Declaration of Rights" for Virginia's Constitution of 1776. There were originally twelve, but two were eliminated as the final ten were adopted in 1791 (Hall, 1992, 70-71). Article VIII states: "Excessive bail shall not lie required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." These simple words have engendered reams of interpretation, for the Constitution does not say what constitutes either cruel or unusual punishment or how to make such a determination. Other provisions have similarly been argued throughout our history, and judicial determinations up to and including the supreme Court form a body of case law on which the police, prosecutors, and courts rely."
Abstract This paper discusses the applications of criminal law. The paper explains basic concepts associated with criminal law, such as the voluntary act and mental state. With this knowledge, the paper examines how theft offenses are dealt with under criminal law. Several examples are provided.
Outline
Introduction
The Voluntary Act
The Mental State
Non-MPC States of Mind
Strict Liability
Causation
Social Harm
Applied Knowledge
Trespassory Taking and Carrying Away of Property
Intent to Permanently Deprive
From the Paper "Every country regardless of its size and location has some form of criminal law existing. This law helps the country define punishable offenses and includes country's stand of such concepts as self-defense, necessity, insanity, negligence, and complicity. Criminal law is clearly written law in other words, it is a codified law. In the United States this codified law is known as the Model Penal Code which has helped in recent reforms of criminal codes in many major states. But laws in one state may not be similar to laws in another and this applies to criminal law as well. For example even though the Model Penal Code is followed by all states to shape their criminal law, the local version of law in one state is quite different from the same in another. This means that no two states in the country has similar criminal law. "
Abstract This paper is a study and commentary of criminal justice policies in the United States. It discusses the basis of the American system of criminal justice and the state and local methods of dispensing justice. The paper contends that U.S. contemporary policies concerning crime and punishment are some of the most draconian in any Western nation and the harshest in American history. Also mentioned is the fact that, although the U.S. does not have the highest crime rate or highest violent crime rate of Western countries, it has some of the highest rates and lengths of incarceration.
From the Paper "Contemporary policies concerning crime and punishment are not only among the most draconian among wealthy nations, they are also the harshest in American history. No other Western country continues use the death penalty except the United States: 3300 prisoners were on death row in 1997 and more people were executed--76--than in any year since 1955. Capital punishment has been abolished by all the big democracies except the United States, Japan and India. Additionally, many emerging democracies in Eastern Europe, Africa and Latin America have also abandoned it. Capital punishment in the United States is derided by critics in Europe for being antediluvian and barbaric."
Abstract This paper discusses the student code of conduct on university campuses and looks at how this code is not always respected or upheld by the students attending the universities. The paper then goes on to elaborate on how students do not always comply with the student code of conduct and concludes that a student code of conduct is not enough to ensure proper behavior and conduct on campus. Instead, universities should seek alternative actions to enforce and uphold polices that will ensure that the students are enriched through a "safe" and positive academic experience.
From the Paper " Another act of violence that is occurring on college campuses is hazing. "Hazing" includes activities such as being kidnapped, abandoned, excessive drinking, sexual acts, assault, and in some circumstances, even death. Hazing continues to be prevalent amongst college students as a form of "initiation" or "admission". Students believe that hazing promotes unity and team cohesiveness. The reality about hazing is that it usually goes on under a blanket of sworn secrecy (Campo, Paulos, Sipple, 2005); which makes this problem one that should not be tolerated. A zero tolerance rule should also be adopted for any violent acts on campus. Campo and her colleagues (2005), describe hazing as any activity that is a "condition of initiation" in an organization that may have a negative impact on the physical and/or emotional well-being of individuals and/or their peers. Hazing has been practiced for years; most commonly identified to athletes, fraternities and sororities."
Abstract The main purpose of this paper is to analyze different aspects of Pulse Code Modulation including sampling theory, aliasing, quantizing and effect of non-uniform quantization. Each part of the paper begins with the theoretical analysis; then the simulation results are presented. Finally the practical measurement results are demonstrated and discussed. For better analysis and subjective evaluation of quantization process, a Java-MATLAB application is developed (the source codes are included). Finally in the conclusion, the main points of each part are summarized.
Outline
Introduction
Pulse Modulations
Pulse Code Modulation
Sampling
Nyquist Sampling Theorem and the Aliasing Distortion
Zero Order Hold (ZOH)
Effect of Output Pulse Width
Aliasing Distortion
Variation of the Output Filter Bandwidth
Quantization
PCM Quantization Analysis: Java-MATLAB Software Application
Peak clipping
Quantization Distortion
Spectrum of Quantization Noise
Non-Uniform Quantization
The i law
Quantization Distortion for a Companded System
Conclusion
References
Appendix A: Java Software Source code
From the Paper "Sampling is the first step in any pulse modulation system. In fact by sampling, a signal is represented by set of discrete samples. If the frequency of the sampling is high enough, the original signal can be recovered from the samples. This concept will be examined with more details later. From the mathematical point of view, the sampling process can be considered as the multiplication of the message signal by a train of Dirac impulses. "
Abstract The paper discusses the Samurai and their code of honor. The paper talks about Japan's warrior class and various aspects of the code, including the absence of the fear of death. The paper includes the concept of an honorable death to regain honor. The paper concludes with the impact of the code of honor on Japanese soldiers in World War II.
From the Paper "In Japan, the warrior class was known as Bushido. The Samurai and Their Use of Bushido: Integral to this code was an absence of any fear of death and the belief that dying in battle would bring honor to one's family and one's lord."
Abstract This paper, written in the form of a speech to the school body, examines the advantages and disadvantages of dress codes in schools. It cites a case study of a boy who wore his pyjamas to school and uses this as a catalyst in support of the writers argument to get rid of dress codes.
From the Paper "Good morning/afternoon, teachers and fellow students. I?m sure we all started today very similar to each other: we crawled out of bed after throwing our alarm clock at the wall ? puzzled as to why it still works after about a million confrontations with that wall ? we get dressed, grab a bite for breakfast ? or not ? and try not to miss our bus or the regular car pool. Am I right? Well, one person broke that routine one morning. His name is Daniel Lade and he's in tenth grade at Middleton High School. One morning he fronted up to school in wearing a full set of pyjamas! And they weren?t the flannel variety either which can pass for street wear. No, my friends, Daniel wore a full set of navy blue pyjamas covered in tiny stars. 2 days later, some of his fellow students wore their pyjamas to school. The principal of the school reprimanded Daniel for wearing his pyjamas to school but let the other students go because they were wearing the flannel variety and the principal saw nothing wrong with it. (Landry, 2001, 1) Do you believe that Daniel deserved the "dressing down" as it were or do you think it was unfair of the principal to intervene? I?ll come back to my question a little later in this presentation. Just hold that thought."
Abstract The following paper will consider the Samurai in four parts: history, the development of the code, the belief and way of the Samurai, and the Bushido code.
Abstract The paper describes several aspects of the American Association of Nurses (ANA) Code of Ethics including its content, its principles and degree of clarity, its usefulness and its strengths and weaknesses. The development of the Code of Ethics over the decades is also discussed.
From the Paper "Butts and Rich point out that effective nursing requires both broad knowledge and a set of well developed abilities and skills. The required tasks are many and varied and in order to do them properly care must be taken to.."
Abstract This paper compares the ethical codes of the American Counseling Association (ACA), the American Association of Christian Counselors ((AACC), and the American Association of Pastoral Counselors (AAPC). The paper looks at similarities and differences of the codes in the areas of duties, conflict of interest, fees, measurement, testing and governmental rules and regulations.
From the Paper T"he following essay compares the Code of Ethics for the of American Counseling Association (ACA), the Code of Ethics for the American Association of Christian Counselors (AACC) and the Code of Ethics for the American Association of Pastoral Counselors (AAPC). This comparison regards the similarities and differences related to duties to clients and the profession conflicts of interest such as dual roles, fees measurements and testing and governmental laws and regulations."
Tags: ethics, conflict of interest, codes, duties, rules, regulations
